P.V. Dixit, C.J.

This order will also govern Second Appeals Nos. 348 of 1957, 70, 78, 234, 299, 415, 432, 454, 465 and 522all of 1958, and 75, 107, 120 all of 1959, Misc. (S) Appeal No. 122 of 1959, and Second Appeals Nos. 239 and 253 of 1959. All these appeals have come before us by way of cases referred by our learned brothers sitting singly and raise a question of the construction to be placed on Sections 16 and 17 of the Madhya Pradesh Accommodation Control Act, 1955, hereinafter referred to as the Act, and Section 6 of the Madhya Pradesh Extension of Laws Act, 1958.

All these appeals, with the exception of Miscellaneous (Second) Appeal No. 122 of 1959, arise out of suits for eviction instituted in the Mahakoshal, Vindhya Pradesh and Bhopal regions of the State of Madhya Pradesh before the coming into force of the M. P. Accommodation Control Act, 1955, on the 1st January 1959. The excepted appeal arises out of execution proceedings of a decree for ejectment passed on 23rd July 1957 by the Subordinate Judge, Bhopal, against a tenant. Some of the Appellants before us are landlords and the others are tenants. Immediately before 1st January 1959, different Acts regulating rent and letting of accommodation were in force in the Mahakoshal, Madhya Bharat Vindhya Pradesh and Bhopal regions. In Mahakoshal, the C. P. and Berar Regulation of Letting of Accommodation Act, 1946, was in force. The same Act, as adapted by the former State of Vindhya Pradesh was in force in that area. In Madhya Bharat, the M. B. Accommodation Control Act, 1955, was operative, and in Bhopal the relevant Act in force was the Bhopal State Bent Control Act, 1956. The Madhya Pradesh Extension of Laws Act, 1958, extended to the whole of Madhya Pradesh inter alia the Madhya Bharat Accommodation Control Act, 1955, with certain modifications from 1st January 1959. Section 6 of the M. P. Extension of Laws Act runs as follows:

6. (1) If immediately before the appointed day, there is in force in any region of the State any law corresponding to any of the Act a now extended to that region, that law shall, save as otherwise expressly provided in the Act, stand repealed:

Provided that the repeal shall not affect

(a) the previous operation of any law so repealed or anything done or suffered thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:

Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, bye-law or scheme framed, certificate obtained, patent, permit or licence granted or registration effected) under any such law shall be deemed to have been done or taken under the corresponding provision of the Act as now extended to that region, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the said Act.

(2)........

Section 4 of the Act lays down the grounds on which a suit for the eviction of a tenant from any accommodation can be filed. Sections 16 and 17 of the Act are as follows:

16. No decree for the eviction of a tenant from any accommodation passed before the date of commencement of this Act shall, in so far as it relates to the eviction of such tenant, be executed against him so long as this Act remsins in force, except on any of the grounds mentioned in Section 4:

Provided that the tenant pays to the landlord t